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Articles 31 - 37 of 37
Full-Text Articles in Law
Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James
Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James
Articles
No abstract provided.
Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival
Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival
Faculty Scholarship
In its first full Term with its newest member, the U.S. Supreme Court marched decidedly to the right with decisions narrowing abortion rights, striking down affirmative action programs, invalidating campaign finance regulations, and making it more difficult for victims of employment discrimination to seek redress. In the face of this rightward shift the most surprising decision of the Term was the Court’s embrace of claims that the U.S. Environmental Protection Agency (EPA) had acted unlawfully by refusing to use the Clean Air Act to combat climate change. In Massachusetts v EPA, the Court held that EPA had the authority to …
The Other Delegate: Judicially Administered Statutes And The Nondelegation Doctrine, Margaret H. Lemos
The Other Delegate: Judicially Administered Statutes And The Nondelegation Doctrine, Margaret H. Lemos
Faculty Scholarship
The nondelegation doctrine is the subject of a vast and everexpanding body of scholarship. But nondelegation literature, like nondelegation law, focuses almost exclusively on delegations of power to administrative agencies. It ignores Congress's other delegate-the federal judiciary.
This Article brings courts into the delegation picture. It demonstrates that, just as agencies exercise a lawmaking function when they fill in the gaps left by broad statutory delegations of power, so too do courts. The nondelegation doctrine purports to limit the amount of lawmaking authority Congress can cede to another institution without violating the separation of powers. Although typically considered only with …
Navigating The New Politics Of Judicial Appointments, Ryan W. Scott, David R. Stras
Navigating The New Politics Of Judicial Appointments, Ryan W. Scott, David R. Stras
Articles by Maurer Faculty
This Review Essay explores the new politics of judicial appointments by addressing the important question whether Senate-specific reforms to the judicial appointments process are likely to succeed. In his recent book, The Next Justice, Chris Eisgruber proposes a two-part plan to repair the Supreme Court appointments process. Like many other scholars that have written in the area, Eisgruber's reforms focus primarily on the Senate. First, he proposes that the Senate get smart by asking penetrating questions about the judicial philosophy of Supreme Court nominees in an effort to ensure that the future Justices are moderates, rather than extremists. Second, he …
Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen
Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen
Articles & Chapters
No abstract provided.
State Courts Unbound, Frederic M. Bloom
State Courts Unbound, Frederic M. Bloom
Publications
We may not think that state courts disobey binding Supreme Court precedent, but occasionally state courts do. In a number of important cases, state courts have actively defied apposite Supreme Court doctrine, and often it is the Court itself that has invited them to.
This Article shows state courts doing the unthinkable: flouting Supreme Court precedent, sometimes at the Court's own behest. The idea of state court defiance may surprise us. It is not in every case, after all, that state courts affirmatively disobey. But rare events still have their lessons, and we should ask how and why they emerge. …
The Ada Amendments Act Of 2008, Chai R. Feldblum, Kevin Barry, Emily A. Benfer
The Ada Amendments Act Of 2008, Chai R. Feldblum, Kevin Barry, Emily A. Benfer
Georgetown Law Faculty Publications and Other Works
The goal of the Americans with Disabilities Act (ADA) was to create a civil rights law protecting people with disabilities from discrimination on the basis of their disabilities. Disability rights advocates in 1990 were victorious in their efforts to open doors for people with disabilities and to change the country's outlook and acceptance of people with disabilities. These advocates believed that the terms of the ADA, based as they were on Section 504 of the Rehabilitation Act, combined with the legislative history of the ADA, would provide clear instructions to the courts that the ADA was intended to provide broad …